Photo: Ruslan Krivobok / RIA Novosti
The only housing of the citizen, declared bankrupt, can be included in the bankruptcy estate and sold at auction. About it reports “Interfax” with reference to the decision of the Supreme court in the case of Anatoly Pusaka.
The trial of Pusaka lasts almost ten years. A man owes the lender more than 13 million rubles, and in August 2017 on their own was declared bankrupt. The court started the procedure of realization of property belonging to him.
Property of the debtor was a five-room apartment with an area of 198 square meters. Its cost was estimated at 28 million rubles, while it was officially the only shelter the citizen and the law was not subject to seizure. Prusak, petitioned for the exclusion of flats from the bankruptcy estate, and the Moscow Arbitration court, appeal and cassation came to his side.
The representatives of the creditor, to whom the man owed millions, filed a complaint in the Supreme court. During the 22 November meeting, they drew the attention of judges that in an attempt to Rusaka to maintain an expensive apartment are the telltale signs of bad faith and abuse. In this case, said the lawyer Yulia Nikishina, abuse of the right of the debtor wore continuing character: in her words, in ten years, Prusak did not make any voluntary payments to repay the debt.
Defenders of the lender also stated that the bankruptcy was initiated only in order to apply article 446 of the Civil code on property immunity, that is, to preserve the estate.
After a brief meeting, judicial Board on economic disputes of the Supreme court reversed the decisions of lower courts. A separate dispute was remanded for a new trial in the court of first instance.
“Precedents in restricting the right to a single housing is fraught with the spread of this dangerous practice in other disputes that, I believe, is highly undesirable,” — said “Interfax” the partner of the law firm “YUST” Alexander bolomatov. Other experts in an interview with the Agency noted that creditors could bring about the arrest and the implementation of part of the disputed apartment that would have been quite adequate resolution of the conflict.
In January 2017 the Ministry of justice of Russia proposed to lift the ban on the seizure of debtors of a single housing. It was further stipulated a number of restrictions. So, a penalty may be imposed only to the building, standing more than two times more than what is necessary for the owner and his family under the law. The area must also be at least twice the standard. The initiative was criticized by the Public chamber.
Video, photo All from Russia.